Ambiguities, Errors, and Inconsistencies Clause Samples
The "Ambiguities, Errors, and Inconsistencies" clause defines how any unclear, mistaken, or conflicting terms within a contract are to be addressed and resolved. Typically, this clause outlines a process for the parties to notify each other of any such issues and may specify which party’s interpretation prevails or how corrections should be made. Its core function is to ensure that misunderstandings or disputes arising from unclear language are managed efficiently, thereby reducing the risk of conflict and promoting smooth contract performance.
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Ambiguities, Errors, and Inconsistencies. If, in the opinion of the Contractor, the construction details indicated on the drawings or otherwise specified are in conflict with accepted industry standards for quality construction and therefore might interfere with its full guarantee of the work involved, the Contractor shall promptly bring this information to the attention of the Project Manager for appropriate action before submittal of the bid. Contractor’s failure to request clarification or interpretation of an apparent ambiguity, error or inconsistency waives that Contractor’s right to thereafter claim any entitlement to additional compensation based upon an ambiguity, inconsistency, or error, which should have been discovered by a reasonably prudent Contractor, subject to the limitations of Public Contract Code §1104. During the Project, should any discrepancy appear or any misunderstanding arise as to the import of anything contained in the Contract Documents, the matter shall be promptly referred to the Project Manager, who will issue instructions or corrections.
Ambiguities, Errors, and Inconsistencies. The goal of the preconstruction involvement of Contractor was to maximize the Parties’ understanding of the design requirements, including the design intent and all technical requirements of the Project, prior to construction. If the Parties have maximized this opportunity, then there will be little or no need for clarification after construction is commenced. Contractor acknowledges that, prior to the start of construction, it has reviewed the Plans and Specifications and pointed out any design errors or omissions that are reasonably observable by an experienced construction professional and will have determined that, prior to commencement of construction of the Work, that the Plans and Specifications are adequate for the Project’s construction. The Parties understand that Contractor has not conducted an architectural or engineering or code compliance review of the Plans and Specifications. Involvement in preconstruction services in no way shifts responsibility for the design to Contractor. During the Project, should any discrepancy appear or any misunderstanding arise as to the import of anything contained in the Contract Documents, the matter shall be promptly referred to the Architect, who will issue instructions or corrections.
Ambiguities, Errors, and Inconsistencies. If, in the opinion of the Contractor, the construction details indicated on the Drawings (or Plans) or otherwise specified are in conflict with accepted industry standards for quality construction and therefore might interfere with its full guarantee of the work involved, the Contractor shall promptly bring this information to the attention of the Architect for appropriate action before submittal of the Bid. Contractor’s failure to request clarification or interpretation of an apparent ambiguity, error or inconsistency waives that Contractor’s right to thereafter claim any entitlement to additional compensation based upon an ambiguity, inconsistency, or error, which should have been
Ambiguities, Errors, and Inconsistencies. Contractor acknowledges that, prior to the start of construction, it has reviewed the Plans and Specifications and pointed out any design errors or omissions that are reasonably observable by an experienced construction professional and will have determined that, prior to commencement of construction of the Work, that the Plans and Specifications are adequate for the Project’s construction. The Parties understand that Contractor has not conducted an architectural or engineering or code compliance review of the Plans and Specifications. During the Project, should any discrepancy appear or any misunderstanding arise as to the import of anything contained in the Contract Documents, the matter shall be promptly referred to the Architect, who will issue instructions or corrections.